California’s court system can order you to install an ignition interlock device (IID) on your vehicle if you are convicted of driving under the influence (DUI). Recent changes to the legal codes mean that even a first-time DUI conviction could require the installation of an IID.
So, if you are ordered to install an IID, how long will you need it? You can get information about time-limits for IID usage right here with the Simmrin Law Group. You can also review your legal options for handling DUI accusations by calling us at (310) 896-2723.
You May Need an IID After a First-Time DUI
California changed the laws surrounding IID usage in 2019. Previously, only drivers convicted of multiple DUI offenses or a felony DUI offense were legally required to install an IID. Currently, even a driver convicted of a first-time DUI could be ordered to use an IID.
Generally, you may be ordered to use an IID for six months for a first-time DUI conviction. However, if you are convicted of a DUI causing injury, you will need an IID for one year.
Note that you may opt to install an IID even if you are not ordered to do so by the court. Installing an IID allows you to continue operating your vehicle after a DUI conviction, as long as you:
- Use the IID before starting your vehicle
- Complete rolling retests while driving your vehicle
If you don’t use an IID following a DUI conviction, your driving privileges will be suspended.
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You Need an IID After Subsequent DUIs in California
Drivers convicted of a second or subsequent DUI in California are required to install an IID. Each time you are convicted of a DUI, you will need to keep an IID in your vehicle for a longer period. Let’s go over IID requirements for standard DUI convictions:
- One-year usage of an IID for a second DUI
- Two-year usage of an IID for a third DUI
- Three-year usage of an IID for a subsequent DUI
You will need an IID for a longer period of time if you are convicted of a DUI causing injury. You should expect a:
- Two-year usage of an IID for a second DUI causing injury
- Three-year usage of an IID for subsequent DUI causing injuries
It’s important that you get help quickly with any DUI charges in California. You can call (310) 896-2723 to reach a criminal defense lawyer in Los Angeles who can offer you legal advice.
Acts Requiring Additional IID Usage
In some situations, you may be required to use an IID for a longer period of time. For example, the court can reset the amount of time you need an IID if you:
- Misuse your IID
- Tamper with your IID
- Try to remove your IID
Resetting your IID period of use is a relatively minor repercussion for acts of IID misuse. The Department of Motor Vehicles (DMV) can also suspend or revoke your driving privileges for this action. Your driving privileges could also be removed if you fail to properly maintain, service, and calibrate your IID.
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Starting Your Period of IID Usage
Now that you know how long you’ll need to use an IID in California, we can discuss when your IID usage will officially begin. The court does not start counting IID usage immediately upon a conviction. You cannot start counting down the time to remove your IID until:
- You set up an appointment with an approved IID installation company
- You get your IID installed
- You receive training on IID usage
IID installation technicians will need to fill out a Verification of Installation Ignition Interlock (DL 920) form for you. You will then need to take your DL 920 form to the DMV along with any required fees. Once the DMV approves of your DL 920 form and processes the fees, you will be officially using your IID.
Note that you will need to complete a new DL 920 form if you misuse or violate your IID restrictions in any way. Until the form is approved by the DMV, you will be unable to operate a motor vehicle.
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Speak to a Lawyer if You Need an IID
You may need an IID for months or years following a DUI conviction in California. You can take steps to reduce the odds that you’ll need an IID by contacting a DUI lawyer in Los Angeles as soon as you are arrested. You can call (310) 896-2723 or complete our online contact form to learn more.
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